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(영문) 서울남부지방법원 2014.05.29 2013가합12854
주식매매대금
Text

1. The Plaintiff:

A. Defendant B: (a) KRW 202,50,000 and 5% per annum from March 31, 2013 to August 5, 2013; and (b)

Reasons

1. Basic facts

A. The Plaintiff owned the Plaintiff’s shares by acquiring new shares of an ordinary share 56,000 shares in the process of capital increase conducted on November 10, 201 and December 14, 201.

B. On December 17, 2012, the Plaintiff sold 27,000 shares to Defendant B for KRW 202,50,000 per share price of KRW 7,500 per share (hereinafter “instant contract”). ② The Plaintiff entered into a contract under which Defendant C sells 19,00 shares to KRW 7,500 per share price of KRW 142,50,000 per share (i.e., evidence 3; hereinafter “instant contract”); and (ii) the agreement under which Defendant C sells KRW 19,00 shares to KRW 142,50,00 per share price of KRW 142,50,00 per share (hereinafter “instant contract”); and (iii) the agreement under the first and second contracts are collectively referred to as “instant contract”).

In the instant contract, the Defendants agreed to pay 10% of the purchase price as down payment on the contractual date, and pay the remainder to March 30, 2013. At the same time, the Plaintiff entered into a contract and made the Defendants take over the shares by preparing a certificate of stock transfer, and at the same time, agreed to compensate for the other party’s damages arising from the purchase price of the shares and the breach of contract, if there is a default between the parties to the contract.

C. On December 18, 2012, the Plaintiff received KRW 20,250,000 from Defendant B the down payment of the first contract.

around that time, the Plaintiff transferred 46,00 shares (hereinafter “instant shares”) to the Defendants pursuant to the instant contract, and the transfer of ownership was made in the name of the Defendants.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4, purport of whole pleadings

2. According to the above-mentioned basic facts, barring any special circumstance, as to the cause of the claim, the Plaintiff; 1) the sum of the remainder 182,250,000 won under the first contract (202,50,000 won - down payment - down payment 20,250,000 won) and the penalty 20,250,000 won (202,50,5000 won) and the penalty 10,500 won (20,250,000 won) (182,250,000 won); 2) the Defendant C shall aggregate of the sum of the sum of the penalty 142,50,000 won under the second contract and penalty 14,250,000 won (14,50,000 won) and penalty 14,250,000 won (142,50,000 won).

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